Lawsuit: Marion County Deputies Ignored Dying Inmate

As reported by the Indianapolis Star, Pavlack Law has brought suit in federal court on behalf of the estate of the late Marshall Carman. Carman died while confined at the Marion County Jail. As detailed in the Complaint, Carman was naked, facedown on the floor of his cell for over an hour with guards passing by on patrol. The guards took no action for at least an hour. Eventually, the guards entered Carman’s cell and picked him up and laid him naked atop the sheets of his bed. The guards then closed the cell. Carman never moved from his bed. More than an hour later, different guards noticed him unresponsive. A short while later, Carman was pronounced dead.

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In this installment, we return to the question of when a hospital may be held responsible for the acts of independent contractors. We also examine whether a treble-damages clause is an unenforceable penalty provision, whether a basketball coach is subject to the same standard as players for injuries during practice, and briefly examine the derivative jurisdiction doctrine in the context of the Federal Officer Removal Statute.

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